City of Hapeville v. Jones

Atkinson, Presiding Justice.

In a suit by private property owners against

the City of Hapeville, to enjoin an alleged nuisance and for other relief, the defendant demurred on the grounds: (1) The petition sets forth no cause of action. (2) The petition contains a misjoinder of parties plaintiff. (3) The petition contains a misjoinder of causes of action. (4) The defendant moves to strike paragraph 15, for the reason that it does not show what notice was given to the defendant of the intention to file suit. On May 9, 1941, the judge passed an order: “Ground 4 is sustained, and said petition will…